2020 Delhi riots case: Delhi HC refuses early hearing of Sharjeel Imam’s bail plea

Imam submitted in his application that the appeal has been listed for hearing “at least 62 times before 7 different division benches” but the hearing never concluded on account of “frequent changes in the composition of benches owing to roster change, recusal and transfer of Honb’le Judges”, thus leading to a “fresh cycle of hearing beginning every such time”. The appeal was against a sessions court’s refusal to grant Imam bail.

In the application filed on September 2, it was submitted that the bail plea was last listed for final hearing on August 29 but the matter was adjourned on the day and kept for final hearing on October 7, despite the plea being pending before the high court since April 2022. It was also pointed out that the last substantial hearing was before a division bench of Justices Kait and Manoj Jain where Imam’s side had concluded the arguments but the prosecution could not complete its arguments before another bench change was effected.

Citing provisions of the NIA Act, Imam pointed out that the Act notes that appeals under Section 21 of the Act shall as far as possible be disposed within three months from the date of admission of the appeal.

Arrested in January 2020, Imam was pursuing his final year of PhD in modern history from JNU and has now been incarcerated for more than four years. He also argued that being a research scholar “who has spent his entire life seeking academic pursuits”, he “is unable to pursue his education and graduate with a doctorate degree”.

Imam and others are facing allegations of pre-planned conspiracy to allegedly cause riots in northeast Delhi between February 23, 2020, and February 25, 2020, with offences lodged under the Indian Penal Code, Prevention of Damage to Public Property (PDPP) Act, Arms Act, and the Unlawful Activities (Prevention) Act 1967 (UAPA).